PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
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Gargi( Compass Tourism )
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KK!HRAttending interview elsewhere is in breach of appointment letter & employment terms and as it was accepted by the employee, so is bound by it. Disclosing the real grounds of resignation would not help in your favour in the matter but is there any other option, ethical and legal. Pl ascertain what was done in such cases earlier. But this does not mean that an employee can be compelled to serve the company as there cannot be any compulsive employment. So the action provided for violating the condition (could be refusal to accept resignation and thereby deny certain terminal benefits etc) is possible
From India, Mumbai
Dinesh DivekarDear friend,
Inserting clause in the appointment letter stating that if the employee wants to appear for the interview then he/she should take permission is just ridiculous. Why the current employer wanted to insert this clause? As such when employee resigns, he/she is required to give sufficient notice period. Clause about notice period is always there in the appointment letter. Now the question is why employer wanted to this new clause that could block the future growth of the employee?
I recommend you applying for the jobs and while quitting the existing company just tell that you wanted to start your own business. Else you may approach the Labour Officer to delete this clause from the appointment letter.
From India, Bangalore
nathrao"Attending interview elsewhere is in breach of appointment letter & employment terms and as it was accepted by the employee, so is bound by it."
Such a clause will not hold water in a court of law.
Mobility of labour cannot be denied by such clauses.
Out of compulsion some may sign it.
From India, Pune
KK!HRStrongly agree with the comment that "Such a clause will not hold water in a court of law. Mobility of labour cannot be denied by such clauses. Out of compulsion some may sign it." This position is reflected in the comment that 'But this does not mean that an employee can be compelled to serve the company as there cannot be any compulsive employment.'
The submission on this point is that though there is a breach of appointment terms, yet the employer cannot forcefully retain an employee in service against will and such terms will not stand judicial scrutiny.
From India, Mumbai
Gargi( Compass Tourism )If the Management/Owner gets the knowledge that the employee is searching for other options, it gives them a opportunity to know whether they can negotiate with the existing employee on terms , salary and Mutual growth. It is not mandatory that the employers would deny them the opportunity of growth, whether within the company or outside. It also gives the employer a chance to safeguard the company's important data that lay with the employee, if in case they want to appear for an interview with a probable competitor.
It is not stated here that the employee's are refrained from appearing for an interview elsewhere. Although such a clause should be mutual and not in a written form on an appointment letter.
In my opinion I would advise that the employee creates a good communication channel with the management/ Owner and seek opportunity of growth in the same place as much as possible before shifting jobs. Negative feedbacks from the employers should also be considered as a point of improvement rather than taking it in a negative way. Once you have made it visible that you have utilize all possible growth opportunities in your company, they would not mind letting you venture out for other opportunities.
From India, Mumbai
yami_parmarI really appreciate all the feedback and input. Thank you very much for your valuable suggestions.
From India, undefined